[2018] KEHC 3111 (KLR)
The court found that the petition had not complied with mandatory procedural requirements, specifically the payment of security for costs and service of the petition. In the absence of compliance and with no parties present to prosecute or oppose the matter, the court exercised its discretion to dismiss the...
Source-derived case information.
- Citation
- [2018] KEHC 3111 (KLR)
- Parties
- Applicant: Jane Nyaboke Matoke; Respondent: Orange Democratic Movement; Respondent: Independent Electoral and Boundaries Commission (I.E.B.C); Respondent: Agnes Zani; Respondent: Anita Ketora; Respondent: Beth Syengo; Respondent: Emily Oduor Ongwen; Respondent: Judith Pareno
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Election Petition 24 of 2017
- Procedural Posture
- Election Petitions / Mention; Order on Withdrawal and Dismissal
- Outcome
- petition dismissed for non-compliance with procedural requirements
- Legal Topics
- Nomination of Senate Members, Party List Procedures, Security for Costs, Service of Petition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Nyaboke Matoke
Applicant
Orange Democratic Movement
Respondent
Independent Electoral and Boundaries Commission (I.E.B.C)
Respondent
Agnes Zani
Respondent
Anita Ketora
Respondent
Beth Syengo
Respondent
Emily Oduor Ongwen
Respondent
Judith Pareno
Respondent
Procedural Posture
Election Petitions / Mention; Order on Withdrawal and Dismissal
Legal Issues
- 1 Whether the petition was properly before the court given non-payment of security for costs and lack of service.
- 2 Whether the petition should be dismissed due to procedural non-compliance.
Ratio Decidendi
The court found that the petition had not complied with mandatory procedural requirements, specifically the payment of security for costs and service of the petition. In the absence of compliance and with no parties present to prosecute or oppose the matter, the court exercised its discretion to dismiss the petition. The dismissal was based on the principle that election petitions must strictly adhere to statutory and regulatory requirements, and failure to do so is fatal to the proceedings.
Court Disposition
petition dismissed for non-compliance with procedural requirements
Orders
- There is no payment of security for costs and the petition has not been served.
- The Petition dated 8th September 2017 and filed on the same date is dismissed.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ELECTION PETITION NO. 24 OF 2017
IN THE MATTER OF THE CHALLENGE OF THE VALIDITY OF THE NOMINATION OF SENATE MEMBERS BY ORANGE DEMOCRATIC MOVEMENT
AND
IN THE MATTER OF ARTICLE 1(1), (2), 2(2), 3(1), 4(2), 10, 21(1), 23, 38 (1) (B), (3) (C), 47(2)
90(1) (2) (3) AND 98 (1) (B) OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF SECTIONS 13, 34 – 37 & 80 OF THE ELECTIONS ACT, 2011
AND
IN THE MATTER OF REGULATIONS 54, 55 AND 56 OF THE ELECTIONS, 2012, REGULATIONS 20 AND 21 OF THE ELECTIONS (PARTY PRIMARY AND PARTY LIST REGULATIONS
AND
IN THE MATTER OF POLITICAL PARTIES ACT NO. 11 OF 2011
AND
IN THE MATTER OF A PETITION BY
JANE NYABOKE MATOKE................................................................PETITIONER
VERSUS
ORANGE DEMOCRATIC MOVEMENT..................................1ST RESPONDENT
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION (I.E.B.C).................................2ND RESPONDENT
AGNES ZANI, ANITA KETORA..............................................3RD RESPONDENT
ANITA KETORA.........................................................................4TH RESPONDENT
BETH SYENGO...........................................................................5TH RESPONDENT
EMILY ODUOR ONGWEN.......................................................6TH RESPONDENT
JUDITH PARENO.......................................................................7TH RESPONDENT
IN COURT ON 23RD OCTOBER, 2017
BEFORE THE HON. LADY JUSTICE S. N. MUTUKU
ORDER
THIS MATTER coming up for Mention on 23rd October, 2017 before the Hon. Lady Justice S. N. Mutuku IN THE ABSENCE OFCounsel for the Petitioner and Counsel for the 1st to 7th Respondents AND WHEREASthe matter was coming up with a view of withdrawing;
IT IS HEREBY ORDERED:
1. THAT there is no payment of security for costs and the petition has not been served.
2. THAT given this circumstances I hereby dismiss the Petition dated 8th September 2017 and filed on the same date.
GIVEN under my Hand and the Seal of this Honourable Court this 23rdday of October,2017.
ISSUED atNairobithis 12thday ofOctober 2018.
DEPUTY REGISTRAR
HIGH COURT OF KENYA, NAIROBI